The respondent brought a motion under s. 17 of the Divorce Act to vary a 2006 spousal support order following his retirement from federal government employment.
The original order required payment of $2,000 per month in non‑compensatory spousal support after a 30‑year marriage with no children and included division of the payor’s pension through equalization.
The court found that the payor’s impending retirement and resulting 55% income reduction constituted a material change in circumstances.
While the payee continued to experience economic hardship and had health limitations affecting employability, the court found insufficient efforts toward self‑sufficiency and inadequate use of equalized assets.
Balancing the payor’s reduced income, the payee’s ongoing need, and principles against double recovery from pension assets, the court reduced the support obligation.